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(영문) 대구지방법원 2016.04.07 2014고단4967
전자기록등손괴업무방해
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. The primary charge is that the Defendant, at the Daegu Northern-gu management office, worked as a manager of the management office on August 6, 2013, retired from office on the same day from around 13:00 to around 18:00 on the same day, destroyed the electronic records of the representative meeting of apartment occupants by arbitrarily eliminating records related to apartment management affairs, including management rules, regulations of the committee for election management, rules of employment, safety management plans, fire plans, fire plans, and various kinds of paper files stored in computers at the above management office, and interfere with the duties of the representative meeting of apartment occupants.

B. The Defendant, while working as the managing director at the Daegu Northern-gu management office on August 6, 2013, retired on August 6, 2013, and destroyed electronic records of the said apartment management council’s representative meeting by arbitrarily deleting the management rules, regulations of the committee for election management, rules of employment, safety management plans, fire plans, fire plans, and records related to apartment management, such as all kinds of daily format files stored at the said management office from around 13:00 to 18:00 on the same day.

2. The core of the facts charged in the instant case is that the Defendant deleted records related to the work stored on the computer on August 6, 2013, and the core evidence that seems to correspond thereto lies in D and E’s respective courts and police, etc.

However, even according to each statement of D and E, the purport is that the defendant did not actually state the file of this case before August 13, 2013 of his withdrawal, and the defendant did not directly witness the face of deletion of the file on August 6, 2013, and the defendant is not doubted that the file of this case was deleted due to various circumstances, such as the ordinary experience of E, which is the director of the management office.

Rather, according to the analysis report on the computer of this case, it is final on the deleted file.

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